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THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 

NORTH  CAROLINIANA 

ENDOWED  BY 

JOHN  SPRUNT  HILL 

CLASS  OF  1889 


Cp970.03 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00032204640 

This  book  must  not 
be  taken  from  the 
Library  building. 


^Otli  Congress,  [Doc.  No.  211.]  Ho.  of  Rees, 

1st  Session.  Executive. 

CHEROKEE  GOVERNMENT. 


MOM    THE 


PRESIDENT  OF  THE  UNITED  STATES. 


TBAXSKITTING 


THE  INFORMATION  REQUIRED  BF  A  RESOLUTION  OF  THE  HOUSE  OF 
REPRESENTATIVES,  OF  THE  3d  INSTANT, 


IN  JIELATION    TO    THE 


FORMATION  OF  A  NEW  GOVERNMENT 


Bt  THE 


OHISIIOKSE  TR3BI2  Or   IHBIJkim 


WITHIN    THE 


States  of  North  Carolina,  Georgia,  Tennessee,  and  Alabama,  <$x, 


March  22,  1828. 

Read,  and  laid  upon  the  table. 


WASHINGTON  : 

*IUm\BJ>'  ET    GALES    &f    SUATO*. 
tftgfi. 


\ 


[Doc.  No.  211.] 


To  the  House  of  Representatives  of  the  United  States  ? 

Washington,  QQd  March,  1 828, 

In  compliance  with  a  resolution  of  the  House  of  Representatives,  of 
xhe  3d  instant,  touching  the  formation  of  a  new  Government  by  the 
Cherokee  Tribe  of  Indians,  within  the  States  of  North  Carolina, 
Georgia,  Tennessee,  and  Alabama,  and  requesting  copies  of  certain 
correspondence  relating  thereto,  I  transmit  to  the  House  a  report  from 
the  Secretary  of  War,  together  with  the  documents  desired  by  the 
resolution., 

JOHN  QUINCY  ADAMS, 


I-Doc,  No,  211.1 


Department  of  War, 

20th  March,   1828. 
To  the  President  of  the  United  States: 

Sir  :  In  compliance  with  your  request,  1  have  the  honor  to  submit 
to  you  the  following  report  on  the  resolution  of  the  House  of  Repre- 
sentatives, of  the  third  instant,  and  which  is  in  the  following  words  : 

«'  Resolved,  That  the  President  of  the  United  States  be  requested  to 
communicate  to  this  House,  if  it  will  not,  in  his  opinion,  be  injurious  to 
the  public  interest,  copies  of  any  correspondence  between  the  Governor 
of  the  State  of  Georgia  and  the  Executive  of  the  United  States,  touch- 
ing the  formation  of  anew  Government  by  the  Cherokee  tribe  of  In- 
dians, within  the  States  of  North  Carolina,  Georgia,  Tennessee,  and 
Alabama  ;  and,  also,  copies  of  any  correspondence  between  the  Ex- 
ecutive Government  of  the  United  States,  or  Any  Department  thereof, 
and  any  officer  or  agent  of  the  United  States,  or  of  any  State,  or  any 
Indian  tribe,  showing  the  extent  to  which  such  new  Government  has 
been  recognized  by  the  Executive  of  the  United  States,  and  how  far 
it  is  considered  as  changing  or  disturbing  the  relations  heretofore 
existing  with  the  said  tribe,  and  advancing  or  obstructing  the  policy 
of  the  United  States  towards  them;  together  with  any  information, 
not  heretofore  communicated,  concerning  the  agency  which  white  men, 
citizens  of  the  United  States,  have  had  in  forming  the  same;  the  extent 
to  which  any  citizon  of  the  United  States,  without  the  authority  of 
Government,  has  had  verbal  or  written  intercourse  with  the  said  tribe, 
with  intent  to  influence  their  measures  or  conduct,  and  to  defeat  the 
measures  of  the  Government  of  the  United  States;  and  the  insufficiency 
of  existing  laws  to  prevent  or  punish  such  interference ;  together 
with  any  other  information  in  his  possession,  not  heretofore  communi- 
cated, showing  the  necessity  of  further  legislative  provision  to  aid  in 
carrying  into  effect  the  convention  of  the  year  one  thousand  eight 
hundred  and  two,  between  the  United  States  and  Georgia,  by  extin- 
guishing the  Indian  title  to  lands  in  Georgia,  in  conformity  with  the 
terms  thereof;  as  well  as  any  information  exhibiting  the  expediency 
of  further  legislation,  for  the  purpose  of  confining  the  Indians  to  the 
hunting  grounds  assigned  to  them,  and  preventing  their  intrusion  in- 
to the  white  settlements,  without  a  regular  passport  from  the  Agent  of 
their  respective  tribes." 

First.  Copies  of  two  letters  from  his  Excellency  Governor  Forsyth 
to  the  President  of  the  United  States,  numbered  l,  2  ;  and  of  the  re- 
port of  the  joint  committee  of  the  two  branches  of  the  General  Assem- 
bly of  Georgia,  number  3,  (and  which  are  enclosed  herewith)  com- 
prise all  the  correspondence  between  the  Governor  of  the  State  of 
Georgia  and  the  Executive  of  the  United  States,  touching  the  forma- 


6  |JD0C-  No-  211.] 

lion  of  a  "  New  Government,"  by  the  Cherokee  tribe  of  Indians, 
within  the  States  of  North  Carolina,  Georgia,  Tennessee,  and  Alabama. 

Second.  There  is  nothing  on  the  records  of  this  Department  show- 
ing that  the  "  New  Government"  of  the  Cherokees  has  been  recog- 
nised in  any  way,  by  cither  the  Executive  Government  of  the  United 
States,  or  any  Department  thereof,  or  any  officer  or  agent  of  the 
United  States,  or  of  any  State,  or  any  Indian  tribe. 

Third.  The  accompanying  copy  of  a  communication,  addressed  to 
the  Agent  for  the  Cherokees,  number  4,  will  show  that  the  ''New 
■Government"  of  the  Cherokees  is  not  considered  as  changing  or  dis- 
turbing, the  relations  heretofore  existing  with  the  said  tribe,  or  as 
advancing  or  obstructing  the  policy  of  the  United  States  towards 
them. 

Fmirih.  There  are  no  documents  on  the  files  of  the  Department,  not 
heretofore  communicated,  going  to  show  the  agency  which  white  men, 
citizens  of  the  United  States,  may  have  had  in  forming  the  "  New 
Government,"  or  the  extent  to  which  any  citizen  of  the  United  States, 
without  the  authority  of  Government,  has  had  verbal  or  written  in- 
tercourse with  the  said  tribe,  with  intent  to  influence  their  measures 
or  conduct,  or  to  defeat  the  measures  of  the  Government  of  the  Unit- 
ed States. 

As  it  regards  the  sufficiency  or  insufficiency  of  existing  laws  to  pre- 
vent or  punish  such  interference,  it  is  believed  there  is  no  law  which 
provides  for  such  a  case.  The  only  law  applicable  to  intercourse  be- 
tween the  whites  and  Indians,  is  that  of  1802,  commonly  called  the 
u  Intercourse  Law,"  the  provisions  of  which,  it  would  seem,  do  not 
embrace  the  case  referred  to.  As  to  the  question,  how  far  to  punish, 
by  penal  enactments,  suc/i  intercourse,  would  subserve  the  end  in  view, 
It  is  one  of  policy,  which  refers  itself  to  the  discretion  of  Congress. 

In  reference  to  that  part  of  the  resolution  relating  to  the  necessity 
of  further  provision  to  aid  in  carrying  into  effect  the  convention  of  the 
year  one  thousand  eight  hundred  and  two,  between  the  United  States 
and  Georgia,  by  extinguishing  the  Indian  title  to  lands  in  Georgia,  in 
conformity  with  the  terms  thereof,  I  would  respectfully  refer  to  the 
report  which  I  had  the  honor  to  make,  and  which  bears  date  Febru- 
ary 3,  3  826,  and  to  the  communications  now  before  Congress,  re- 
commending that  means  be  placed  at  the  disposal  of  the  Executive 
with  a  view  to  this  object.  Nothing  in  addition  occurs  at  present  by 
which  the  Executive  could,  with  such  reasonable  prospect  of  success, 
promote  the  intention  of  that  compact. 

There  may,  should  the  Congress  think  proper  to  interfere,  be  ad- 
ditional restraints  imposed  on  the  Indians,  in  confining  them  within 
the  limits  of  their  hunting  grounds,  and  preventing  them  from  passing 
over  the  lines  which  divide  them  from  the  white  settlements  ;  but  the 
question  of  expediency,  in  superadding  any  thing  to  the  present  law  of 
intercourse,  may,  it  is  presumed,  be  more  correctly  decided  by  Con- 
gress. My  own  opinion,  however,  is,  that  it  would  be  a  measure  of  at 
least  doubtful  policy,  and  might  lead,  in  the  infliction  of  punishment  on 
the  Indians,  who  might  not  know7  exactly  where  those  artificial  line? 


[Doc.  No.  211.]  7 

run  that  divide  their  country  from  the  whites,  and  who  might  not  be 
thoughtful  enough  to  provide  a  passport,  or  find  it  convenient  to  do  so, 
to  excitements  and  ill  will,  on  their  part,  towards  those  of  our  citizens 
who  might  cross  into  their  territory  ;  and  that  consequences  unfavor- 
able to  the  existing,  but  partial,  harmony  of  the  present  relations  might 
be  disturbed,  by  the  exaction  of  any  new  obligations,  or  the  adoption 
of  a  sterner  policy. 

Respectfully  submitted. 

JAMES  BARBOURs 


No.    1. 

Executive  Department,  Georgia, 

Milledgeville,  January  16,  182$.. 

Sir:  The  enclosed  copy  of  a  report,  made  by  a  Joint  Committee 
of  the  two  branches  of  the  General  Assembly  of  this  State,  and  sub- 
sequently approved  by  them,  is  transmitted  to  you,  in  compliance 
with  their  request. 

I  have  honor  to  be, 

With  consideration  and  respect, 
Your  obedient  servant, 

JOHN  FORSYTH 
The  President  of  the  United  States* 


No.   2. 
Executive  Department,  Geoe&ja? 

Milledgeville,  26th  January,   1828, 

Sir  :  You  will  find  by  the  enclosed  document,  bearing  the  title  o£ 
'<  Constitution  of  the  Cherokee  Nation,  &c,"  that  the  remnant  oC 
the  Cherokee  tribe  of  Indians  on  this  side  of  the  Mississippi,  is  at- 
tempting to  erect  a  permanent  Government  on  parts,  and  within  the- 
jur.sdictions,  of  the  States  of  Alabama,  Georgia,  North  Carolina? 
and  Tennessee,  on  territory  solemnly  guarantied,  reserved  to  them 
forever,  as  they  allege,  by  the  United  States.  As  the  Chief  Magis- 
trate of  one  of  the  States  "•  concerned, "  it  is  important  for  me  to 
know,  and  I  have  the  honor  to  apply  to  you  to  inform  me,  what  mea- 
sures have  been  adopted,  or  are  contemplated,  by  the  General  Go^ 
ver.iment,  to  prevent  this  violation,  by  a  pretty  tribe,  of  the  3d  sec- 
tion of  the  4th  article  of  the  Constitution  of  the  United  States,  which 


8  [Doc.  No.  2ii.] 

provides  that  "no  new  State  shall  be  formed,  or  erected,  within  the 
jurisdiction  of  any  other  State  ;  nor  any  State  he  formed  by  the  junc- 
tion of  two  or  more  States,  or  parts  of  States,  without  the  consent  of 
the  Legislatures  of  the  States  concerned,  as  well  as  of  the  Congress." 
This  application  would  have  been  made  earlier,  but  the  hope  was 
cherished,  as  long  as  it  could  be  reasonably  indulged,  that  some 
public  manifestation  of  the  intentions  of  the  Federal  Administration 
would  render  it  unnecessary. 

I  have  the  honor  to  be, 

With  high  consideration  and  respect, 
Your  obedient  servant, 


John  Quincy  Adams, 

President  of  the  United  States. 


JOHN  FORSYTH* 


No.  3. 
In  Senate,  December  19,   182T. 

The  Joint  Committee  upon  the  State  of  the  Republic,  to  whom  was 
referred  so  much  of  the  late  Governor's  communication  as  regards 
the  acquisition  of  the  Georgia  lands  at  present  in  the  occupancy  of 
the  Cherokee  Indians;  and  the  absolute  and  jurisdictional  right  of 
the  State  to  the  same;  Report: 

That  they  have  bestowed  upon  this  momentous  subject,  the  most 
mature  and  deliberate  consideration,  and  although  some  of  the 
positions  which  they  feel  warranted  in  occupying,  may,  at  the  first 
view,  appear  bold  and  novel,  yet  they  cherish  the  hope,  that,  by  ad-, 
verting  to  the  well  ascertained  and  long  established  laws  of  natrons,. 
those  positions  will  be  found  abundantly  supported. 

We  are  aware  that  our  repeated  appeals  to  the  General  Govern- 
ment upon  this  subject,  so  vitally  interesting  to  the  People  of  Georgia, 
have  been  looked  upon  as  impertinent  and  obtrusive  \  but  your  Com- 
mittee believe  that  the  State  has  been  disposed  to  suffer  in  silence, 
so  long  as  the  evils  under  which  she  labored  were  sufferable;  and 
that  when  her  claims  shall  be  fairly  investigated,  and  it  is  seen  how 
unreasonably  they  have  been  delayed,  an  enlightened  and  just  com- 
munity will  pronounce  the  course  she  has  pursued,  to  have  been  mark- 
ed with  great  moderation  and  forbearance. 

We  propose,  in  the  discharge  of  our  present  duty,  to  inquire  first, 
into  the  nature  and  present  situation  of  our  claim  upon  the  General 
Government ;  and,  second,  to  investigate  the  nature  and  extent  of  our 
title  to  the  territory  in  question,  considered  abstractedly  from  our 
claim  upon  the  General  Government. 

By  the  4th  section  of  the  Articles  of  Agreement  and  Cession,  enter- 
ed into  on  the  "24th  day  of  April,  1802,  between  the  commissioners  of 
the  United   States,  on  the  one  part,  and  the  commissioners  of  the 


[Doc.  No.  211.]  9 

State  of  Georgia,  on  the  other  part,  it  was  expressly  stipulated  and 
agreed,  that  the  United  States  should,  at  their  ownBexpense,  extinguish, 
for  the  use  of  Georgia,  as  early  as  the  same  could  be  practicably  ob- 
tained, on  reasonable  terms,  the  Indian  title  to  all  the  lands  within  the 
State  of  Georgia. 

It  will  hardly  he  contended,  that  this  was  a  mere  naked  promise, 
and  therefore  to  he  violated  at  pleasure  hy  the  United  States  :  for  the 
contract  imports  upon  its  face,  a  most  ample  and  sufficient  considera- 
tion. 

We  are  nut  ignorant  o-f  the  fact,  that  the  General  Government,  hav- 
ing the  power  in  her  own  hands,  is  disposed  to  put  her  own  con- 
struction upon  this  promise,  and  to  make  herself  the  sole  and  exclu- 
sive judge  of  what  may  be  considered  "reasonable  terms ;"  but  we 
respectfully  contend,  that,  if  she  designs  to  keep  up  even  the  show  of 
justice,  she  will  suffer  this  to  be  controlled  by  the  same  rule  of  con- 
struction applicable  to  all  other  contracts  ;  that  is  to  say:  that  the 
words  used,  shall  be  understood  in  that  sense  which  is  best  calculated 
to  effectuate  the  true  intention  of  the  contracting  parties.  The  re- 
ciprocal objects  intended  to  be  accomplished  by  the  United  States 
and  Georgia,  by  the  contract  in  question,  were  few  and  simple. 
They  intended  that  Georgia  should  cede  to  the  United  States  a  vast 
extent  of  territory  therein  described;  that  the  United  States  should, 
at  their  own  expense,  and  upon  their  own  responsibility,  extinguish, 
for  the  use  of  Georgia,  whatever  claim  or  title  the  Indians  might 
have  to  the  lands  lying  within  her  limits ;  and  that  this  should  be 
done*'  as  early"  as  it  could  be,  upon  practicable  and  reasonable  terms. 

We  consider  it  certain,  from  the  terms  of  the  contract  itself,  and 
particularly  from  the  consideration  which  was  paid,  that  it  was 
the  intention  of  both  parties  that  the  Indian  title  should  certainly, 
at  some  time  or  other,  be  extinguished.  The  time  was  left  in- 
definite and  uncertain,  not  because  it  was  contemplated  that  any 
circumstance  should  occur,  or  state  of  things  exist,  that  should 
deprive  Georgia  of  those  lands  ;  but  because  this  State  reposed 
such  unbounded  confidence  in  the  justice  and  good  faith  of  the 
General  Government,  as  induced  her  confidently  to  believe,  that  no 
opportunity  would  be  permitted  to  escape,  and  that  no  fair  and  ho- 
norable exertion  would  be  withheld,  for  the  speedy  and  punctual  ful- 
filment of  the  promise. 

We  admit  that,  after  much  anxiety  and  delay,  Georgia  is  about  to 
reach  the  full  benefit  of  the  contract  in  question,  so  far  as  if  regards 
her  lands  situated  within  the  Creek  nation  of  Indians;  but  the  man- 
ner in  which  this  has  been  accomplished,  compels  us  to  say  that  we 
are  less  indebted  to  the  General  Government  for  the  result,  than  to 
the  exertions  of  our  late  able  and  patriotic  Governor.  Although 
Georgia  is  about  to  obtain  the  last  foot  of  Creek  lands  to  which  she 
is  entitled,  yet  it  must  be  remembered  that  there  is  still  a  consider- 
able portion  of  Cherokee  lands  to  which  she  has  precisely  the  same 
title;  in  relation  to  which,  the  General  Government  is  under  the  same 
obligation,  and  which,  nevertheless,  still  remains  in  the  possession  of 


10  [Doc.  No.  211. J 

the  Indians.  By  what  motive,  or  reason  the  General  Government 
can  be  influenced  in  so  pertinaciously  and  unjustly  refusing  en- 
tirely to  redeem  her  pledged  faith  to  Georgia,  we  are  unable  to  per- 
ceive. The  whole  civilized  World  knows  that  Georgia  acted  a  gal- 
lant and  distinguished  part  during  the  Revolutionary  war,  in  achiev- 
ing our  liberty  and  independence;  and  our  sister  States  will  do  us 
the  justice  to  testify,  that,  since  that  time,  Georgia  has  not  withheld 
her  treasure  or  her  sword  from  the  defence  of  our  common  country 
and  national  rights.  We  mention  these  things,  not  by  way  of  boast- 
ing, or  out  of  vain  glory,  but  to  show  that  Georgia  has  violated  none 
of  the  obligations  by  which  she  was  bound  to  her  sister  States,  and, 
therefore,  that  there  is  the  less  justice  in  their  violating  their  obliga- 
tions to  her.  It  will  be  remembered  that  the  Articles  of  Agreement 
and  Cession  were  entered  into  in  1802;  and  that  they  imposed  upon 
the  United  States  the  obligation  of  procuring  the  relinquishment  of 
the  Indian  title,  as  soon  as  the  same  could  be  done  "  peaceably,"  and 
upon  "  reasonable  terms."  Immediately  upon  the  ratification  of 
these  articles,  it  became  the  duty  of  the  General  Government  to  im- 
prove every  opportunity  that  might  present  itself,  and,  with  all  her 
influence  and  energies  faithfully  applied,  to  have  sought  diligently 
for  opportunities  to  effect  such  relinquishment.  She  did  not  do  so, 
but,  on  the  contrary,  manifested  so  much  indifference,  and  for  so 
long  a  time,  that  Georgia  became  dissatisfied,  and  took  occasion  re- 
spectfully to  call  the  attention  of  the  General  Government  to  this  sub- 
ject— a  liberty  that  she  has  several  times  since  found  it  necessary  to 
exercise,  but  which  has  either  been  treated  with  silent  contempt,  or 
has  subjected  her  to  reproach  and  calumny.  That  the  United  States 
have  violated,  most  palpably,  their  contract  with  Georgia,  we  think 
is  made  evident,  when  it  is  remembered,  that,  since  the  ratification  of 
the  Articles  of  Agreement  and  Cession,  thelndianshavebeen  removed 
entirely  from  Ohio,  Kentucky,  North  and  South  Caroliuas,  Tennes- 
see, Missouri,  and  almost  all  Arkansas  ;  and  that,  since  that  time, 
five  or  six  times  as  much  land  as  belonged  to  Georgia,  and  was  in 
the  possession  of  the  Indians,  has  been  acquired  in  Alabama  for  the 
use  of  the  United  States,  and  that,  too,  "  upon  peaceable  and  reasona- 
ble terms;"  besides  large  cessions  in  Mississippi,  Illinois,  Michigan, 
and  Florida.  And  it  is  a  fact  so  notorious,  that  we  presume  no  one 
will  venture  to  dispute  it,  that,  upon  the  termination  of  the  late  war 
with  Great  Britain  and  the  Indians,  the  United  States  had  it  com- 
pletely in  their  power  to  procure,  for  the  use  of  Georgia,  the  princi- 
pal part  of  the  lands  to  which  she  was  entitled,  not  only  upon 
"peaceable  and  reasonable  terms,"  but  upon  just  such  terms  as  they 
might  have  pleased  to  prescribe;  but  this  was  not  done,  nor  attempt- 
ed to  be  done  :  on  the  contrary,  the  United  States,  by  negotiation, 
effected,  for  their  own  use  and  aggrandizement,  large  cessions  of 
territory  in  another  part  of  the  nation,  and,  thereby,  threw  the  In- 
dians in  greater  numbers  upon  our  territory,  and  so  circumscribed 
their  limits,  as  greatly  to  diminish  the  prospect  of  their  willingness 
to  make  future  cessions.!  either  for  the  benefit  of  Georgia,  or  for  any 


[Doc.  No.  211.]  11 

other  purpose.  And,  since  that  time,  it  has  been  the  constant  and 
favorite  policy  of  the  United  States,  not  to  hold  out  inducements  to 
the  Indians  to  yield  up  the  possession  of  the  Georgia  lands,  but  to  so 
add  to  their  comforts,  and  so  instruct  them  in  the  business  of  hus- 
bandry, as  to  attach  them  to  their  comforts,  and  as  to  attach  them  so 
firmly  to  their  country,  and  to  their  homes,  as  almost  to  destroy  the 
last  ray  of  hope  that  they  would  ever  consent  to  part  with  the  Geor- 
gia lands.  It  is  now  alleged,  we  understand,  that  it  is  impossible 
for  the  United  States  to  obtain  the  land  in  question  for  the  use  of 
Georgia,  upon  "peaceable  and  reasonable  terms;"  and  that,  there- 
fore, they  are  under  no  obligation  to  obtain  them  at  all.  By  whom, 
and  in  what  way,  we  beg  leave  to  inquire,  has  this  impossibility  been 
produced  ?  Surely  by  the  United  States,  and  by  their  policy,  and 
that,  too,  against  the  consent  and  remonstrance  of  Georgia.  And  is 
it  possible,  that  the  General  Government  will  consent,  in  this  way,  to 
benefit  herself,  and  to  take  advantage  of  her  own  acts,  and  that,  too, 
to  the  injury  and  oppression  of  one  of  her  own  members  ?  For  the  dig- 
nity and  honor  of  our  common  country,  we  earnestly  hope  not.  But,  al- 
though the  General  Government  is  under  this  obligation,  and  from 
which  she  cannot  honorably  release  herself,  in  any  other  way  than  by 
complying  with  it,  yet,  judging  from  our  past  experience,  we  can 
scarcely  venture  to  hope  that  she  will  redress  our  injuries,  and  esta- 
blish our  rights  "We  are  apprized  that  this  subject  engaged  the  at- 
tention of  the  last  Legislature — that  the  resolutions  which  they 
adopted,  were  submitted  to  the  President  of  the  United  States,  and 
we  are  glad,  that,  in  reply,  he  condescended  to  express  to  our  Sena- 
tors in  Congress,  a  "  wish  to  gratify  the  State ;"  but  we  are  sorry 
that  he  added,  "  negotiation  (with  Indians)  was  hopeless,  and  that  he 
could  not  consent  to  apply  force.''  We  are  at  liberty  to  understand 
this  answer  no  otherwise,  than  as  a  distinct  and  formal  determination 
to  take  no  step  to  obtain  for,  and  secure  to,  Georgia,  her  long  de- 
layed rights.  We  have  waited  upon,  and  trusted  to,  the  justice  and 
liberality  of  the  United  States  for  upwards  of  the  fourth  of  a  cen- 
tury, and  the  result,  to  us,  is  disappointment,  insult,  and  injury. 

From  this  gloomy  and  almost  hopeless  prospect,  we  turn  our  at- 
tention to  the  second  branch  of  our  inquiry,  and  trust  that  we  shall  be 
able  to  establish  in  the  State  of  Georgia  a  good,  legal,  and  perfect  title 
to  the  lands  in  question  ;  and  that  we  have  the  right,  by  any  means  in 
our  power,  to  possess  ourselves  of  them.  In  the  examination  of  this 
important  and  interesting  question,  we  are  necessarily  carried  back 
to  the  earliest  history  of  this  country.  When  the  continent  of  Ame- 
rica was  first  discovered,  it  was  possessed  and  owned  by  various  wan- 
dering tribes  of  savages,  and  the  discoverers  asserted  successfully  the 
right  of  occupying  such  parts  as  each  discovered  ;  and  thereby  they  es- 
tablished their  supreme  command  over  it,  asserting  their  claim  both  to 
domain  and  to  empire.  By  domain,  we  mean  that  by  "  virtue  of  which 
a  nation  may  use  the  country  for  the  supply  of  its  necessities,  may 
dispose  of  it  as  it  thinks  proper,  and  derive  from  it  every  advantage 
it  is  capable  of  yielding;"  and  by  empire,  we  mean  the  "  rights  of 
sovereign  command,  by  which  the  nation  directs  and  regulates,  at  its 


12  [Doc.  No.  211.] 

pleasure,  every  thing  that  passes  in  the  country."  Precisely  in  this  way, 
and  in  no  other,  did  Spain,  France,  England,  Holland,  and  Portugal, 
obtain  sovereignty  over  the  portions  of  this  country  discovered  by 
each.  It  may  be  contended,  with  much  plausibility,  that  there  is 
in  these  claims  more  of  force  than  of  justice ;  but  they  are  claims 
which  have  been  recognized  and  admitted  by  the  whole  civilized 
world,  and  itis  unquestionably  true,  that,  under  such  circumstances, 
force  becomes  right.  This  kind  of  title  is  not  only  good  and  valid, 
agreeable  to  the  laws  of  nations,  but  is  perfectly  consistent  with  na- 
tural justice.  The  earth  was  certainly  made  for  the  benefit,  comfort, 
and  subsistence  of  man,  and  should  be  so  used  as  to  accommodate  the 
greatest  possible  number  of  human  beings.  It  was,  therefore,  perfect- 
ly in  accordance  with  the  designs  of  nature,  that  the  densely  populat- 
ed countries  of  Europe,  should  possess  themselves  of  the  immense 
forests  in  America,  which  were  used  only  as  hunting  grounds,  and 
employ  them  in  promoting  the  comforts,  and  providing  for  the  sub- 
sistence of  their  overflowing  population. 

Acting,  no  doubt,  upon  these  principles,  Great  Britain  occupied 
and  colonized  the  province  of  Georgia,  the  limits  ©f  which,  anterior 
to  the  Revolutionary  war,  were  defined  and  made  to  extend  from  the 
Atlantic  coast  to  ihe  Mississippi,  and  from  the  thirty-first  to  the  thir- 
ty-fifth degrees  of  north  latitude.  The  whole  of  this  territory  was 
made  to  form  a  provincial  Government — thus  exercising  the  highest 
and  most  unequivocal  acts  of  sovereignty.  In  this  exercise  both  of 
domain  and  empire,  on  the  part  of  Great  Britain,  certain  portions  of 
territory  were  reserved  for  the  use  of  the  Indians,  and  the  Indians 
themselves  were  declared  to  be  under  the  protection  of  Great  Britain, 
and  the  lands  reserved  were  also  under  the  sovereignty,  protection, 
and  dominion  of  that  Government.  Thus  it  is  seen,  that  the  sove- 
reignty of  Great  Britain  over  the  whole  of  Georgia  was  complete 
and  perfect  j  that  the  absolute  right  to  the  soil  was  in  her  ;  that  the 
Indians  were  under  her  protection ;  and  that  their  possession  wras  on- 
ly permissive.  Things  remained  in  this  condition  until  the  Revolu- 
tionary war;  upon  the  termination  of  which,  by  the  treaty  of  peace 
between  the  United  States  and  the  mother  country,  the  sovereignty, 
to  the  full  extent  as  claimed,  owned,  and  exercised  by  Great  Bri- 
tain over  all  the  lands  and  Indians  within  the  State  of  Georgia,  pass- 
ed to,  and  vested  in,  the  People  of  this  State.  We  have  shewn,  we  trust, 
very  clearly,  that,  at  the  end  of  the  Revolutionary  war,  Georgia  pos- 
sessed, and  had  a  right  to  exercise,  absolute  control  and  sovereignty 
over  the  whole  of  the  territory  lying  within  her  then  limits  ;  that  her 
claim  to  domain  and  empire  was  not  disputed ;  that  the  absolute  title 
to  the  soil  was  in  her;  that  the  Indians  were  under  her  protection; 
and  that  their  possession  was  by  her  permission,  as  it  had  previously 
been  by  that  of  Great  Britain.  Thus  far,  we  apprehend,  the  premises 
that  we  have  established,  and  the  conclusions  we  have  drawn,  will  not 
be  disputed  :  for,  if  they  are  wrong,  the  very  argument  that  proves 
them  to  be  so,  must  defeat  the  title  by  which  every  foot  of  land  in 
the  United  States  is  held:  for  they  all  derive  title  in  the  same  way.  It 


fDoc.  No.  2 11. J  13 

now  remains  for  us  to  shew,  that,  since  the  Revolutionary  war,  Geor- 
gia has  done  no  act,  and  entered  into  no  compact  with  her  sister 
States,  by  which  she  has  divested  herself  of  any  portion  of  her  sove- 
reignty affecting  her  rights  now  in  question  ;  and  this  proposition  will 
be  supported,  if  we  can  shew  that  no  such  consequence  can  result 
from  the  Articles  of  Confederation,  the  Federal  Constitution,  or  the 
Articles  of  Agreement  and  Cession  of  1802.  To  shew  that  the  Arti- 
cles of  Confederation  have  divested  Georgia  of  no  portion  of  her  so- 
vereignty, it  does  not  appear  to  us  necessary  to  take  any  other  ground 
than  the  very  obvious  one,  that  these  articles  have  been  abrogated  by 
the  Federal  Constitution,  which  was  adopted  in  its  place  and  stead. 
But  we  contend,  that,  even  prior  to  the  adoption  of  that  Constitution, 
they  contained  no  provision,  when  properly  construed,  affecting  the 
right  in  question.  In  the  Articles  of  Confederation,  we  find  this  provi- 
sion :  "'each  State  retains  its  sovereignty,  freedom,  and  independence; 
and  every  power  of  jurisdiction  and  right  which  is  not,  by  the  Confeder- 
tion,  expressly  delegated  to  the  United  States,"  is  reserved  to  the  Peo- 
ple of  the  States,  We  may  search  in  vain  in  the  Articles  of  Confede- 
ration for  any  express  delegation  of  the  right  of  sovereignty  or  jurisdic- 
tion by  Georgia  to  the  United  States,  over  the  territory  in  controversy. 
No  such  express  delegation  was  ever  made  ;  the  consequence  is  obvi- 
ous :  it  is  reserved  to  the  People  of  the  State.  Those  who  differ  with  us 
in  opinion,  may  attempt  to  sustain  themselves  by  one  further  provision 
in  the  Articles  of  Confederation.  Wo  allude  to  the  power  given  to 
the  United  States  of  regulating  "trade"  and  managing  all  affairs 
with  the  Indians,  not  members  of  any  particular  State :  but,  by  express 
provision,  this  power  is,  in  no  instance,  to  be  exercised  so  as  to  "  in- 
fringe or  violate  the  legislative  right  of  any  State  within  its  own  li- 
mits." We  are  by  no  means  satisfied,  but  that  the  Indians,  resident 
within  the  limits  of  Georgia,  may  fairly  be  considered  members  of 
the  State :  if  so,  the  United  States  possess  not  the  right  to  interfere 
with  them,  even  so  far  as  to  regulate  "  trade;"  but  whether  they  be 
members  of  the  State,  or  not,  the  United  States  are  expressly  prohibit- 
ed from  interfering  with  them  in  any  way  so  as  to  "  infringe  or  vio- 
late the  legislative  right  of  the  State  within  her  own  limits."  We 
think,  therefore,  that  the  Articles  of  Confederation  have  not  affected 
our  title  in  the  least. 

We  next  proceed  to  the  inquiry,  whether  the  State's  title  to,  and 
right  of  sovereignty  over  the  lands  in  controversy,  have  been  affect- 
ed by  the  Federal  Constitution  ;  and,  if  affected,  to  what  extent?  We 
are  not  disposed  to  afford  even  the  feeble  aid  at  our.  example  for  frit- 
tering away  the  Constitution  by  construction.  We  prefer  to  take  that 
instrument  as  it  is,  and  not  to  take  from,  or  add  to,  its  provisions. 
We  have  always  believed,  and  yet  do,  that  all  powers,  not  expressly 
granted  by  that  Constitution,  or  plainly  implied  in,  andnecessary  and 
proper  to  the  execution  of,  the  expressly  granted  powers,  are  reserved 
to  the  States;  and  we  earnestly  insist  upon  this  rule  of  construction, 
so  far  as  that  instrument  applies  to  the  subject  tinder  consideration. 

In  the  third  section    of  the  fourth  article   of'tlie  Constitution,  we 


14  [Doc.  No.  211.] 

find  this  provision  :  "  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States;  and  nothing  in  this  Constitution 
shall  be  so  construed,  as  to  prejudice  any  claims  of  the  United  States, 
or  of  any  particular  State.*'  We  are  unable  to  see  what  argument  can 
be  fairly  drawn  from  this  provision,  to  show  that  Georgia  has  surren- 
dered up  to  the  United  States  any  portion  of  her  right,  so  as  to  affect 
the  present  question.  This  provision  only  gives  to  theUnited  States 
the  power  to  control  and  dispose  of  the  territory  or  property  of 
the  General  Government ;  but  it  vests  them  with  no  power  whatever 
to  control  or  dispose  of  the  territory  or  property  of  any  State:  on  the 
contrary,  it  is  expressly  stipulated,  that,  in  the  exercise  of  this  pow- 
er, the  claims  of  no  particular  State  shall  be  prejudiced.  It  will  not 
be  contended,  we  apprehend,  that,  since  the  Articles  of  Agreement  and 
Cession  of  1802,  the  United  States  have  the  smallest  shadow  of  a  ti- 
tle to  the  land  in  controversy;  and,  if  it  were  considered  necessary,  we 
could  easily  shew  that,  even  before  that  time,  they  had  no  well-founded 
title.  There  is,  therefore,  nothing  in  this  part  of  the  Constitution  ex- 
pressly or  impliedly  divesting  Georgia  of  the  right  of  sovereignty  in 
question  :  and  from  the  very  fact  that  no  such  right  was  surrendered  up 
into  the  hands  of  the  United  States,  we  are  warranted  in  asserting 
that  the  right  was  retained  by  the  State. 

We  understand  that  the  power  which  (he  Constitution  confers  up- 
on the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
to  make  treaties,  is  claimed  to  have  an  influence  upon  the  present 
question  \  but  we  are  unable  to  discover  any  necessary  connection 
between  this  provision  in  the  Constitution  and  the  question  under 
consideration.  This  part  of  the  Constitution  we  have  always  under- 
stood, applied  to  foreign  affairs  only.  We  are  apprized,  however, 
that  the  United  States  have  treated  with  various  tribes  of  Indians  at 
different  times,  and  that  those  treaties  have  been  submitted  to  the 
Senate  for  ratification.  But,  if  we  mistake  not,  since  the  adoption 
of  the  Constitution,  Virginia,  Ohio,  New  York,  and  Kentucky,  have 
exercised  the  right  of  treating  with  the  Indians  residing  within 
their  limits  :  and  their  right  to  do  so,  has  not,  so  far  as  wc  know  or 
believe,  been  disputed.  But,  upon  this  point,  we  feel  no  sort  of 
solicitude  :  for,  it  is  sufficient  for  our  purpose,  that,  in  the  Constitu- 
tional provision  now  under  view,  there  is  no  express  or  plainly  implied 
surrender,  on  the  part  of  Georgia,  of  her  right  of  sovereignty  to  the 
territory  in  question. 

If  there  is  any  other  provision  in  the  Federal  Constitution,  af- 
fecting this  question,  we  are  not  apprized  of  it :  and,  we  consequently 
arrive  at  the  conclusion,  that  the  rights  and  powers  of  Georgia,  in 
and  to  the  lands  in  question,  remain  precisely  where  they  stood  im- 
mediately upon  the  conclusion  of  the  Revolutionary  war.  with  the 
exception  that  Georgia  has,  in  common  with  all  the  other  States, 
given  up  to  the  General  Government  a  portion  of  her  right  of  em- 
pire ;  but  she  has  surrendered  that  right  no  further  in  relation  to  the 
territory  in  dispute,  tli&n  she  basin  relation  to  all  the  rest  of  her  ter- 


[Doc.  No.  211.]  '  15 

ritory.  In  aid  of  our  opinion  upon  the  question  of  title,  we  beg 
leave  to  refer  to  the  decision  made  by  the  Supreme  Court  of  the 
United  States  in  the  famous  case  of  Fletcher  and  Peck,  which  fully 
establishes  the  principle  that  the  "  Legislature  of  Georgia,  unless 
restrained  by  its  own  Constitution,  possesses  the  power  of  disposing  of 
the  unappropriated  lands  within  her  own  limits,  in  such  manner  as 
her  own  judgment  may  dictate."  And  the  same  case  establishes  the 
further  principle,  that  •'•  the  Indian  title  is  only  permissive  and  tempo- 
rary, and  not  at  all  inconsistent  with  a  seizin  in  fee  on  the  part  of 
Georgia."  We  need  only  add,  that  this  decision  was  made  long 
subsequent  to  the  adoption  of  the  Federal  Constitution. 

By  the  Articles  of  Agreement  and  Cession  of  1802,  Georgia  parted 
with,  and  gave  up  all  her  claims  and  rights,  both  of  domain  and 
empire,  to  the  territory  thereby  ceded  to  the  United  States.  But 
these  articles  contain  no  formal  and  express  surrender  of  any  such 
rights,  to  the  territory  reserved.  We  are  aware  that  such  surrender 
is  claimed  to  be  implied  from  the  term  "Indian  title,"  as  there 
used.  But  when  the  subject  is  properly  understood,  we  contend  that 
this  conclusion  does  not  necessarily  result  from  the  premises.  This 
term  was  not  intended,  and  cannot  be  understood  as  building  up, 
and  vesting  in  the  Indians,  any  kind  of  title  to  the  lands  in  contro- 
versy ;  nor  was  it  intended  to  add  to,  or  detract  from,  the  title  which 
they  already  had.  It  was  only  used  as  a  term-  descriptive  of  that 
title.  We  have  already  seen  what  that  title  was ;  that  it  was  a 
mere  possessory  one ;  and  that  they  had  so  little  interest  in  the  soil, 
that  their  possession  was  not  inconsistent  with  a  seizin  in  fee  on  the 
part  of  Georgia.  But  it  is  contended,  that,  by  the  Articles  of  Agree- 
ment and  Cession,  a  consideration  was  contemplated  to  be  paid  by  the 
United  States  to  the  Indians,  for  their  relinquishment  of  this  title ; 
and,  therefore,  that  it  was  of  such  a  character  as  was  entitled  to  re- 
spect, and  as  could  not  be  taken  from  them  unless  by  their  consent. 
We  are  of  a  different  opinion.  We  have  already  seen  the  fragile 
tenure  by  which  they  hold,  and  do  yet  hold,  those  lands  ;  but,  how- 
ever slender  it  may  have  been,  yet  some  act  was  necessary  to  be  done 
by  the  United  States  or  Georgia,  in  order  to  oust  them  of  possession. 
This  act  must  necessarily  have  been  of  cither  a  warlike  or  pacific 
character.  If  of  a  warlike  character,  iio  consideration  of  a  pecu- 
niary nature  could  be  necessary  :  but  if  of  a  pacific  character,  then 
the  object  was  to  be  accomplished  by  negotiation,  and  a  considera- 
tion would  necessarily  be  the  result.  Whenever  it  has  been  neces- 
sary to  accomplish  a  similar  act  with  the  Cherokees,  or  any  other 
nation  of  Indians,  by  either  of  the  means  just  mentioned,  from  ob- 
vious motives  of  policy,  as  well  as  humanity,  the  United  States  have 
preferred  resorting  to  negotiation  and  presents.  In  all  such  cases, 
the  United  States  were  by  no  means  bound  to  resort  to  such  mea- 
sures :  they  did  so  from  choice. 

This  custom  was  well  known  to  the  contracting  parties  to  the  Ar- 
ticles of  Agreement  and  Cession  at  the  time  it  was  entered  into  ;  and 
the  relinquishment  of  the  Indian  title  was  intended  to  be  effected  in 


16  [Doc.  No.  211.] 

the  same  way,  and  the  provision  in  question  was  simply  intended  to 
make  the  United  States  sustain  all  the  expense  of  negotiation, 
presents,  and  consideration,  which  otherwise  would  have  fallen  Upon 
Georgia,  had  she  proceeded  to  the  accomplishment  of  the  same  ob- 
ject by  pacific  means.  But  there  is  nothing  in  this  provision  which 
prevents  the  United  States  or  Georgia  from  resorting  to  force.  On 
the  contrary,  this  right  seems  to  be  admitted,  although  the  United 
States  would  not  bind  themselves  to  use  it.  At  all  events,  it  is  evi- 
dent, that,  if  Georgia  possessed  this  right  before  entering  into  those 
articles,  she  possesses  it  yet :  for  a  surrender  of  it  is  no  where  to  be 
found.  Before  Georgia  became  a  party  to  the  Articles  of  Agreement 
and  Cession,  she  could  rightfully  have  possessed  herself  of  those 
lands,  either  by  negotiation  with  the  Indians,  or  by /o?'ce,'  and  she 
had  determined,  in  one  of  the  two  ways,  to  do  so.  But,  by  this  con- 
tract, she  made  it  the  duty  of  the  United  States  to  sustain  the  ex- 
pense of  obtaining  for  her  the  possession  ;  provided  it  could  be  done 
upon  reasonable  terms,  and  by  negotiation.  But,  in  case  it  should 
become  necessary  to  resort  to  force,  this  contract  with  the  United 
States  makes  no  provision.  The  consequence  is,  that  Georgia  is 
left  untrammelled,  and  at  full  liberty  to  prosecute  her  rights  in  that 
point  of  view,  according  to  her  own  discretion,  and  as  though  no 
such  contract  had  been  made.  Your  committee,  therefore,  arrive  at 
this  conclusion  :  that,  anterior  to  the  Revolutionary  war,"  the  lands 
in  question  belonged  to  Great  Britain;  that  the  right  of  sovereignty, 
both  as  to  domain  and  empire,  was  complete  and  perfect  in  her  ;  that 
the  possession  by  the  Indians  was  permissive ;  that  they  were  under 
the  protection  of  that  Government ;  that  their  title  was  temporary  ; 
that  they  were  mere  tenants  at  will  ;  and  that  such  tenancy  might 
have  been  determined  at  any  moment,  either  by  negotiation  or  force, 
at  the  pleasure  of  Great  Britain  ;  that,  upon  the  termination  of  the 
Revolutionary  war,  and  by  the  treaty  of  peace,  Georgia  assumed  all 
the  rights  and  powers  in  relation  to  the  lands  and  Indians  in  ques- 
tion, which  heretofore  belonged  to  Great  Britain  ;  that,  since  that 
time,  she  has  not  divested  herself  of  any  light  or  power  in  relation 
to  the  lands  now  in  question,  further  than  she  has  in  relation  to  all 
the  balance  of  her  territory ;  and  that  she  is  now  at  full  liberty,  and 
has  the  power  and  right  to  possess  herself,  by  any  means  she  may 
choose  to  employ,  of  the  lands  in  dispute,  and  to  extend  over  them 
her  authority  and  laws. 

Although  your  committee  believes  the  absolute  title  to  the  lands  in 
controversy  is  in  Georgia,  and  that  she  may  rightfully  possess  her- 
self of  them,  when,  and  by  what  means  she  pleases;  yet,  they  would 
not  recommend  an  exercise  of  that  right  till  all  other  means  fail. 

We  are  aware  that  the  Cherokee  Indians  talk  extravagantly  of 
their  devotion  to  the  land  of  their  fathers,  and  of  their  attachment  to 
their  homes,  and  that  they  have  gone  very  far  toward  convincing  the 
General  Government,  that  negotiation  with  them,  in  view  of  procur- 
ing their  relinquishment  of  title  to  the  Georgia  lands,  will  be  hope- 
less.    Yet,  we  do  confidently  believe,  that  they  have  been  induced  to 


[Doc.  No.  21 1.]  7 

assume  this  lofty  bearing  by  the  protection  and  encouragement  which 
has  been  afforded  them  by  the  United  States,  and  that  they  will  speak 
a  totally  different  language,  if  the  Genera!  Government  will  change 
its  policy  toward  tbem,  and  apprize  them  of  the  nature  and  extent  of 
the  Georgia  title  to  those  lands,  and  what  will  be  the  probable  conse- 
quence of  their  remaining  refractory. 

Your  committee  would  recommend  that  one  other  and  (he  last  ap- 
peal be  made  to  the  General  Government,  with  a  view  to  open  a  ne- 
gotiation with  the  Cherokee  Indians  upon  this  subject.  That  the 
United  States  do  instruct  their  Commissioners  to  submit  this  report 
to  tf»e  said  Indians;  and  that,  if  no  such  negotiation  is  opened,  or  if 
it  is,  and  it  proves  to  be  unsuccessful,  that  then  the  next  Legislature 
is  recommended  to  take  into  consideration  the  propriety  of  using  the 
most  efficient  measures  for  taking  possession  of,  and  extending  our 
authority  and  laws  over  the  whole  of  the  lands  in  controversy. 
Your  committee,  in  the  true  spirit  of  liberality,  and  for  the  alone 
purpose  of  avoiding  any  difficulty  or  misunderstanding  with  either 
the  General  Government  or  the  Cherokee  Indians,  would  recom- 
mend to  the  People  of  Georgia  to  accept  any  treaty  which  may  be 
made  between  the  United  States  and  those  Indians,  securing  to  this 
State  so  much  of  the  lands  in  question,  as  may  remain,  after  making 
reserves  for  a  term  of  years,  for  life,  or  even  in  fee  simple,  to  the  use 
of  particular  Indians,  not  to  exceed,  in  the  aggregate,  one-sixth  part 
of  the  whole  territory.  But,  if  ail  this  will  not  do;  if  the  United 
States  will  not  redeem  her  pledged  honor;  and  if  the  Indians  will 
continue  to  turn  a  deaf  ear  to  the  voire  of  reason  and  of  friendship  ; 
we  now  solemnly  warn  them  of  the  consequence.  The  lands  in  ques- 
tion belong  to  Georgia.     She  must,  and  she  will  have  them. 

Influenced  by  the  foregoing  considerations,  your  committee  beg 
leave  to  offer  the  following  resolutions  : 

Resolved,  That  the  United  States,  in  failing  to  procure  the  lands  in 
controversy,  "as  early"  as  the  same  could  be  done  upon  *•  peace- 
able" and  "  reasonable  terms"  have  palpably  violated  their  contract 
with  Georgia,  and  are  now  bound,  at  all  hazards,  and  without  regard 
to  terms,  to  procure  said  lands  for  the  use  of  Georgia. 

Resolved,  That  the  policy  which  has  been  pursued  by  the  United 
States  towards  the  Cherokee  Indians,  has  not  been  in  good  faith  to- 
ward Georgia,  and  that,  as  all  the  difficulties  that  now  exist  to  an 
extinguishment  of  the  Indian  title,  have  resulted  alone  from  the  act3 
and  policy  of  the  United  States,  it  would  be  unjust  and  dishonorable 
in  them  to  take  shelter  behind  those  difficulties. 

Resolved,  That  all  the  lands,  appropriated  and  unappropriated, 
which  lie  within  the  conventional  limits  of  Georgia,  belong  to  her 
absolutely;  that  the  title  is  in  her;  that  the  Indians  are  tenants  at 
her  will;  and  that  she  may  at  any  time  she  pleases,  determine  that 
tenancy,  by  taking  possession  of  the  premises.  And  that  Georgia 
has  the  right  to  extend  her  authority  and  laws  over  her  whole  terri- 
tory, and  to  coerce  obedience  to  them  from  all  descriptions  of  people, 
be  they  white,  red,  or  black,  who  may  reside  within  her  limits. 


18  [Doc.  No.  2ii.] 

Resolved,  That  Georgia  entertains  for  the  General  Government  so 
high  a  regard,  and  is  so  solicitous  to  do  no  act  that  can  disturb  or 
tend  to  disturb  the  public  tranquillity,  that  she  will  not  attempt  to 
enforce  her  rights  by  violence,  until  all  other  means  of  redress  fail. 

Resolved,  That,  to  avoid  the  catastrophe,  which  none  would  more 
sincerely  deplore  than  ourselves,  we  make  this  solemn,  this  final,  this 
last  appeal  to  the  President  of  the  United  States,  that  he  take  such 
steps  as  are  usual,  and  as  he  may  deem  expedient  and  proper  for  the 
purpose  of,  and  preparatory  to,  the  holding  of  a  treaty  with  the  Che- 
rokee Indians,  the  object  of  which  shall  be  the  extinguishment  of 
their  title  to  all  or  any  part  of  the  lands,  now  in  their  possession, 
within  the  limits  of  Georgia. 

Resolved,  That,  if  such  treaty  be  held,  the  President  be  respectfully 
requested,  to  instruct  the  Commissioners  to  lay  a  copy  of  this  report 
before  the  Indians  in  Convention,  with  such  comments  as  may  be  con- 
sidered just  and  proper,  upon  the  nature  and  extent  of  the  Georgia 
title  to  the  lands  in  controversy,  and  the  probable  consequences 
which  will  result  from  a  continued  refusal  upon  the  part  of  the  In- 
dians to  part  with  those  lands ;  and  that  the  Commissioners  be  also 
instructed  to  grant,  if  they  find  it  absolutely  necessary,  reserves  of 
land  in  favor  of  individual  Indians  or  inhabitants  of  the  nation,  not 
to  exceed  one-sixth  part  of  the  territory  to  be  acquired,  the  same  to 
be  subject  to  future  purchase  by  the  General  Government,  for  the  use 
of  Georgia. 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  for- 
ward a  copy  of  the  foregoing  report  and  resolutions  to  the  President 
of  the  United  States,  and  one  to  our  Senators  and  Representatives  in 
Congress,  with  a  request  that  they  use  their  best  exertions  to  obtain 
the  object  therein  expressed. 

Resolved,  That  the  late  proceedings  of  the  Cherokee  Indians,  in 
framing  a  Constitution  for  their  nation,  and  preparing  to  establish  a 
Government,  independent  of  Georgia,  is  inconsistent  with  the  rights 
of  said  State,  and  therefore  not  recognized  by  this  Government,  and 
ought  to  be  decidedly  discountenanced  by  the  General  Government. 
Read,  and  agreed  to  : 

THOMAS  STOCKS,  President. 
Attest: 
Wm.  Y.  Hanskxl,  Secretary. 

In  the  House  of  Representatives ,  24 1 h  December,  1827. 

Read,  and  concurred  in. 

IRBY  HUDSON,  Speaker. 
Attest: 
Wm.  C.  Dawson,  Clerk. 

Resolutions  approved,  December  27,  1827. 

JOHN  FORSYTH,  Governor. 


[Doc.  No.  211.]  19 

No.  4. 

Department  of  War, 

February  23,  1828. 
To  Colonel  Hugh  Montgomery, 

Cherokee  Agent,  Calhoun,  Tennessee: 

Sir  :  Official  information  having  been  received  by  the  Depart- 
ment of  the  proceedings  of  the  Cherokee  Indians,  in  the  formation 
of  a  Constitution,  &c,  the  President  directs  that  you  converse  with 
the  Chiefs,  and  inform  them,  that  he  wishes  them  distinctly  to  under- 
stand that  this  act  of  theirs  cannot  be  viewed  in  any  other  light 
than  as  regulations  of  a  purely  municipal  character,  and  which  he 
wishes  them  distinctly  to  understand  will  not  be  recognized  as 
changing  any  one  of  the  relations  under  which  they  stood  to  the  Ge- 
neral Government,  prior  to  the  adoption  of  said  Constitution. 
I  have  the  honor  to  be,  &c. 

JAMES  BARBOUR. 


Extract  of  a  leiter  from  Colonel  McKenney  to  the  Secretary  of  War, 

dated 

Department  of  War, 

Office  Indian  Affairs,  20th  February,  1827. 

**  I  respectfully  submit  to  you  the  enclosed  letter  from  the  Cherokee 
Council  to  Colonel  Montgomery,  the  Agent.  I  esteem  it  proper  to 
do  so.  because  you  may  think  it  desirable  to  hold  a  communication  in 
regard  to  it  with  the  President. 

"  I  think  it  much  to  be  regretted  that  the  idea  of  sovereignty  should 
have  taken  such  deep  hold  of  these  people.  It  is  not  possible  for  them 
to  erect  themselves  into  a  state  of  such  independence,  and  a  separate 
and  distinct  Government;  and  the  sooner  they  are  enlightened  on  the 
subject.  I  think,  the  better.  The  most  they  can  ever  hope  for,  if  they 
retain  their  possessions  within  the  States,  is  to  hold  them  under  the 
laws  of  the  States,  as  citizens.  But  to  extend  our  Jaws  over  them 
now\  would  be  to  the  better  half  of  even  this  most  enlightened  tribe, 
like  building  fires  in  all  directions  around  the  inexperienced  infant, 
and  leaving  it  to  find  its  w7ay  out  through  the  faggots,  by  its  own 
powers. 

"  Out  of  this  principle  of  sovereignty,  these  poor  people  reason  them- 
selves into  many  delusions,  as  will  be  seen  in  their  argument  on  the 
right  to  tax,"  &c 


w\ 


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